This fact sheet is for general information only. It is not intended to replace, interpret or modify the regulations for managing special wastes in Illinois.
Section 22.48 of the [Illinois] Environmental Protection Act (“Act”) excludes certain non-liquid, non-hazardous industrial-process and pollution-control wastes from the definition of special waste, provided that generators certify that these wastes meet all the requirements of Section 3.475(c)(1).
Any business generating non-liquid, non-hazardous industrial-process or pollution-control waste has the potential to certify that these wastes can be disposed of as non-special waste.
Section 22.48 of the Act stipulates certification must include the generator's verification that the waste:
Additionally, each certification must have attached:
A template certification is now available. This is a guideline, not an official form. The generator may modify the template as long as it retains the information required in Section 22.48 of the Act.
Certifications must be signed, dated and retained for three years following termination of the process that generated the waste. Certifications must be provided when requested by the Illinois EPA, the waste hauler or the receiving facility. The Agency may also request analytical testing if questions arise concerning a waste's characteristics. New certifications are required following any change in process or raw materials. No special certification forms are needed; generators may create certifications on ordinary business stationery, or use this template.
Certification allows qualifying non-liquid, non-hazardous industrial-process and pollution-control wastes to be shipped as non-special waste to properly permitted facilities without manifesting or using special-waste haulers. Furthermore, receiving facilities do not need special-waste authorization. However, receiving facilities and waste haulers may impose on generators requirements more stringent than the provisions of Section 22.48.
Industrial-process and pollution-control wastes must be properly certified by their generators to make them eligible for management as non-special waste. Incomplete certification, including insufficient attachments, or false or mistaken certification requires these wastes to be managed as special wastes.
Section 3.475 of the Act excludes empty portable devices or containers from the definition of special waste. “Empty” means:
Special wastes that cannot be certified as non-special wastes must continue to be manifested and to be transported by special-waste haulers to properly permitted facilities.
The information presented here does not eliminate any person's responsibility to meet the requirements of the Act or of environmental regulations. For complete requirements, see the Act's Title I: General Provisions; Title V: Land Pollution and Refuse Disposal; and Title XII: Penalties.
Anyone who knowingly and falsely certifies that an industrial-process or pollution-control waste is not a special waste commits a Class 4 felony for the first offense and a Class 3 felony for a subsequent offense as stated in Section 44 of the Act. In addition to other penalties prescribed by law, anyone convicted of a Class 4 felony is subject to a fine not to exceed $50,000 for each day of offense; for a Class 3 felony the maximum is $250,000 for each day of the offense.
For more information: Call the Illinois EPA Bureau of Land's Permit Section at 217-524-3300.